Got hit in a parking lot while my car was parked. Is it still 50/50?

Pretty simple incident. I park my car to go into the bank and leave wife and kids in the car to wait for me. I parked WITHIN the parking lines. After 5min a guy comes into the bank and says some guy hit my car and is arguing with my wife. No one was in the driver seat of my car. Witness was parked just across me and saw the entire incident.

I’ve asked a few people and they said all parking lot accidents are 50/50. However, doing some interweb research shows that if a car is parked and a moving vehicle hits the parked car, it becomes a 100% fault for the moving vehicle under the Fault Determination Rule.

Not much damage to my car, but the guy who hit me is being an asshole and saying he knows the law and its 50/50 so tells me he doesn’t care and I’m SOL.

I’m more pissed at the guys attitude towards the situation and doesn’t even apologize.

Rules for Automobiles in Parking Lots
16. (1) This section applies with respect to incidents in parking lots.
(2) The degree of fault of a driver involved in an incident on a thoroughfare shall be determined in
accordance with this Regulation as if the thoroughfare were a road.
(3) If automobile “A” is leaving a feeder lane and fails to yield the right of way to automobile “B” on a
thoroughfare, the driver of automobile “A” is 100 per cent at fault and the driver of automobile
“B” is not at fault for the incident.
(4) If automobile “A” is leaving a parking space and fails to yield the right of way to automobile “B” on
a feeder lane or a thoroughfare, the driver of automobile “A” is 100 per cent at fault and the driver
of automobile “B” is not at fault for the incident.
(5) In this section,
“feeder lane” means a road in a parking lot other than a thoroughfare;
“thoroughfare” means a main road for passage into, through or out of a parking lot.
17. (1) If automobile “A” is parked when it is struck by automobile “B”, the driver of automobile “A” is
not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.

the last 2 lines of your quote are the only ones that pertain to you no?

Yup. I just copied it from an RFD thread I found. A lot of people say its not always 50/50 so I looked deeper into the issue.

I think that list just gives an answer for different situations.
PAGE 15.

  1. (1) = You win

I’m assuming police report and everything was made? They should determine that shit for you.

lol if it was 50/50 to hit a parked car then i’d back up as carelessly as possible around people i hate and smash errthing and just dip.

I held off on it since I called my broker and they said I shouldn’t report it because it would be 50/50.

72hrs to report an incident right?

I just want to make sure I’m not at fault, because I don’t want my insurance to go up for this BS.

---------- Post added at 09:28 PM ---------- Previous post was at 09:28 PM ----------

That’s what I said to my broker…

I think it’s 48 hours to report

Don’t worry you’re all good. My buddy was Behind some guy in and suv in a parking lot. And the suv stopped and started to reverse into a spot. At the time my buddy had No reverse so all he could do was watch the trailer hitch of the suv fuck up his hood. 100% suv’s fault and my buddy’s front end was redone.

48 hours to report.

you should have just driven out of your spot and gone full force into his car, and as your driving away yell “ITS COOL MAN 50/50!”

report him samson. dooo it. if you got the witness contact info put it in with your report. he will then have to go to the police station to fill out his report. as you have a witness its not just one word vs another anymore.

This happened to me around Christmas time last year. I reported it, and the reporting centre said that its 100% her fault and she will have to pay.

So I called insurance and they said the same thing. I proceeded, dropped my car off at the body shop, and the inspector came and took a look at the damage. Where I got fucked is how the inspector “inspected” my car. He called and told me that they would only cover 50% of the damage because he said there was no way I was completely parked (when I 100% was). I argued with my insurance and they said they would do there best to get full coverage, but they didn’t. So I just didnt get it repaired, and fixed it mostly myself

Hopefully you dont get screwed over.

^^Do you have it on your record now tho?

I went to the Police Station and they won’t do a report since its under $1000 in damaged parts.

Ya, its on record. I can reclaim it apparently or something. I just dont think its worth it anymore. Insurance is just so annoying to deal with. My company just leaves you on hold for 10 min+, never returns calls, doesnt answer emails, so annoying I just gave up.

My damage was less than $1000 and they still reported it.

private property is 0 fault

call ur insurance company, quote them their own policy subsections, and your good.

Or better yet, quote this dude the policy subsections and let him make his mind up, either he pays for ur damages, or u report to insurance and his rates go up because he is 100% at fault. He will probably take the latter and you won’t have to deal with any nonsense.

Key is stressing you witnesses that have signed statements, that way he knows its not his word against urs.

^^^ then you got stiffed…

Insurance companies those people to save them money.

When I got hit, they tried giving me nothing. They were pretty serious about it. After I called over 2 dozen time. After the first dozen they agreed to fix half. After the second dozen they gave in and fixed everything properly.

But remember always make sure whatever you are claiming is worth being on record.

only if both of you are in your vehicle, if they hit your car when it is completely parked then it is 100% their fault

Put the claim in and its 100% not at fault following the Fault Determination Rule, which insurance companies follow.

Car going into the body shop now, thanks guys!

interested in the details of this. do you have to pay the deductable first or everything was covered by the other guy’s insurance? and did you contact that asshole?